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    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

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JOHN1

When I Die

Question

I am 100% P&T Ptsd, have been for 8 yrs.

When I die, do "all my dependent" benefits cancel, including Champva, which has been a true life saver. years ago, same ?, Champva remains forever once u are 100% P&T, correct?. I am 69 yrs old.

 

John

Edited by JOHN1
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When a dependent applies for Chapter 35 DEA, the VA sends the dependent a letter of eligibility and it will last xx months, (I think about 48 months).  I think this will continue even if the Veteran (sometimes called the "sponsor) dies.

If you passed and your kids had not yet applied for Ch. 35, they should also be able to get it, because its for dependents of people who gave their lives for their country and dependents of disabled Vets.  Either way, your kids should be good to go within limits.  I think they have to use Chapter 35 in 10 years.    Hopefully someone else will chime in with soome more precise information with links.  

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For CHAMPVA, that should continue after your dependents after your death, and once you have ten continuous years in at P & T, the spouse should have no problem getting DIC as well, regardless of what you die from.

If a vet has a 100% rating (Total) but no Permanent designation ( "P") the VA will consider upon their death that the SC was Permanent because it lasted their lifetime. Death makes everything Permanent.

 But if the primary cause of death was not a SC disability, and if the secondary cause of death as a contributing factor, were not service connected in the veteran's lifetime, and the 100% Total SC rating was less than 10 years,the surviving spouse will have to prove SC death.

I remind all that you need to make sure the spouse is PC literate, and they should come here after you die, because we have a lot of info on survivor's benefits.

If any vet has a claim pending at their death, the surviving spouse must file for Substitution as claimant and file for accrued benefits along with the DIC app, and get that done within one year after death.

A successful DIC award will be made back to the date of death, that way, otherwise, if th DIC form is filed 2-3 years later or even one month after the year of  death has passed, any retro will only go back to the date of the claim,

if filed within that first year after, the VA will award DIC,if granted, back to the veteran's month of death.

There are No accrued benefits payable if the accrued claim is filed after that first year passes by-unless they fall under the Nehmer 2010 Court Order.

We have done radio shows on death files here, and I have posted info that should be in them....

because when death comes, it pays to have this stuff easily accessible to the spouse.

The first thing in the death file, along with DD214/215 etc, death cert, etc, should be our web site hyperlink and with your hadit password the spouse can come here or register to get his/her own password.

You are way too young to die but I sure commend any veteran for thinking ahead like this.

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Gee I forgot one important  one thing-----

When the spouse turns 65, if she isnt 65 yet, she will need to apply for Medicare Part A & B, in order to maintain the CHAMPVA.

I have CHAMPVA(which is GREAT!) as well as I used Chapter 35 to finish my degree.(Fabulous benefit as well).

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